Kolkata : HC has ordered the government schools to issue the Nocs within four weeks of application. The directive was put to effect, after the court battle between an assistant teacher- Mrs Aparna Mushi and headmistress- Chhabi De Konar was resolved. The High Court took stern initiatives to provide relief to the assistant teacher who had faced injustice at the hands of the school authorities for two long years , regarding her NOC.
Justice Abhijit Gangopadhyay who was overseeing the case as the judge took uncompromising action against the petitioners, and ordered them to pay a sum Rs 20,000 paid to the assistant teacher within 14 days.
“Today, I feel, a direction is required to be passed for all the schools in respect of which the general transfer or mutual transfer is applicable to issue the no-objection certificate to the teachers who will file application for no-objection, within a period of four weeks from the date of receiving of such application by a school unless issuance of such no-objection certificate is barred by law,” Justice Gangopadhyay asserted in his judgement passed on Monday.
He stated there is no directive mentioning the stipulated period within which the No Objection Certificate is to be handed by the HM, to a teacher who has requested for a transfer. When the state releases a proper order regarding the same, the High Court’s instruction will become null and void.
The teacher had genuine grounds namely,
• 200 kilometre distance between her residence and the school
•gynecological disease and consequent operations.
•Childbirth in the year 2016.
•Teacher’s cancer antigen was of a higher level than normal.
All medical reports had been submitted to the school, inspite of which her requests for the NOC had been rejected. The opposing court file by the school was termed as “frivolous” by the HC and consequently dismissed. The Headmistress, as a result, was demoted to the rank of an assistant teacher, for violation of norms and “harassing” the teacher. She has been instructed to take classes as an assistant teacher, and her salary scale will be of the same nature.
(Image credits : Wikipedia)
